Articles Posted in Texas Laws

Every defendant who is stuck in county jail wants the same thing- out. Inevitably the defendant, or a friend or family member asks- “Isn’t there some 90 day release law when a defendant is not indicted?”

Actually there is, and it’s 17.151 of the Code of Criminal Procedure. I also call it the “speedy indictment law” because filing a 17.151 motion will often get your client indicted at the next grand jury.

In Kaufman county it’s typical to see a defendant indicted right around the 90 day mark. ADAs are keenly aware of this deadline and loathe to have defendants use their get out of jail free card on serious charges.

DMN has the story of a Wylie video store owner who has his customers arrested for late videos. This piece is sure to generate some outrage in the comments section. “You shouldn’t arrest someone for late DVDs!!!” etc. I’m not sure how arresting for late videos is any less repugnant that arresting college kids with joints, but I digress.

From DMN-

Bell went to a Collin County justice of the peace to file paperwork on dozens of his customers who were charged with theft of services.

I received a speeding citation last week on the notorious I-45 speed trap. Allegedly, I was going 73 in a 60. In my pre blogging days I would call the court and ask for deferred adjudication, pay the tax (fine) and move on.

However, the Google SEO gods demand constant sacrifices of content so I’m considering setting this case for trial and blogging the experience. I haven’t completely committed to that endeavor just yet. The time obligation could be too great, and I may just give up and pay the fine. I also need to check and see if this is a court of record. That way if I have a trial and lose, I can appeal de novo and still get deffered or have another trial.

First, let’s look at the laws regarding speeding in Texas. Most people think it is illegal to simply drive faster than the posted speed limit. While you can always be ticketed for driving over the speed limit, you may not be guilty of speeding. How’s that? To chapter 545 of the Texas Transportation Code-

Thanks to the War on Drugs, a “tough on crime” lege, and pro conviction appellate courts Texas now has over 400,000 probationers, 25% more per capita than the average state. These probationers all have one thing in common- they don’t want to be on probation. Luckily, probationers in Texas can petition the court for early termination of community supervision.

What cases are eligible for early termination?

All offenses are eligible except Penal Code Sections 49.04-49.08, Sex Offender offenses, and 3g offeneses.

Scene: Texas Senate sometime in the past

Senator Genius: The people in my district are scared about gang members.

Senator Einstein: Interesting. My constituents are concerned with the threat of dildo sales.

My wife and I saw Gran Torino last night. GT is a great film worthy of all the Oscar buzz. I don’t usually do movie reviews but here goes.

GT is a formulaic Eastwood in a good way. Dramatic, funny, and ultimately tragic. The whole time I was just waiting for things to go horribly wrong Million Dollar Baby style. And wrong they went.

Spoiler alert- I’m going to give away the ending so we can discuss the castle doctrine. If you aren’t willing to trade your surprise for this discussion click here.

Client Eastwood’s character Walt is a bigoted veteran who loses his wife. Walt befriends a young boy (Toad) and his sister who live next door. Toad and his sister are harassed by local gang members.

During an altercation Walt points his M1 rifle at the gang. Later, Walt beats the crap out of one gang member. Finally, the gang members assault Toad and rape his sister. You know this isn’t going to end well.

Dirty Harry shows up at the gang’s house for a final confrontation. Walt points his finger at the gang members and says “bang”, shooting them with an imaginary hand pistol. The gang members are nervous, and armed with an assortment of firearms.

Suddenly, Walt reaches into his jacket. The gang members quickly fire multiple rounds into the Space Cowboy, killing him. Walt wasn’t carrying a gun, only his lighter. The gang members are arrested with the expectation of long prison sentences.

Such is the ending of Gran Torino. Walt sacrifices his life so his friends can live in peace. Typical depressing Eastwoodian conclusion.

The movie took place in Michigan. Would Walt’s plan work in Texas? Would the gang members go to prison? Or would the castle doctrine have justified their use of deadly force?

Disclaimer- THIS IS NOT ADVISE (LEGAL OR OTHERWISE). DON’T SHOOT OR NOT SHOOT ANYONE BECAUSE OF THIS. IF YOU DO, YOU ARE A MORON.

If you must read my wildly speculative thoughtless ramblings the discussion is below the jump.

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Having a law blog guarantees a steady stream of email questions. It has come to my attention that many of you are pursuing a certain career, and worried about the effect of a criminal charge.

Readers will send me information on some old criminal case in which they took a “great” plea offer and were told (erroneously) that a deferred or reduced charge would not appear on their record or prevent them from entering a certain field.

Potential cops, law students, firemen, and teachers, have contacted me with similar concerns. Here are the three most common questions.